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What Texas law has to say about child custody

It's only natural that the one area of divorce about which people seem to have the most questions and concerns is child custody. That's because the vast majority of people only want what's best for their child and want to minimize the impact that their divorce will have on their child's life.

In recognition of this desire for more information, our blog will provide an in-depth look at the child custody process here in Texas over a series of posts. While by no means exhaustive, these posts should still provide some much-needed answers and clarity for divorcing parents.

Conservatorship and custody: two of a kind

While most of us use the term child custody, it is actually referred to as conservatorship under Texas law. However, it's important to realize that no matter what term you use, both refer to the same thing: the legal obligations and rights of parents. In other words, custody and conservatorship have nothing to do with the actual time parents will spend with children post-divorce.

Texas recognizes two different types of conservatorship:

  1. Sole managing conservatorship
  2. Joint managing conservatorship

When it comes to any matter involving divorce and custody, the primary consideration of the court will always be the "best interests of the child." As you might imagine, this is a highly subjective inquiry that accounts for virtually all factors in child's life.

In general, the legal presumption is that the best interests of the child are satisfied through a joint managing conservatorship, which as we will discuss in a future post, essentially means both parents will share the aforementioned legal obligations and rights.

Stay tuned for more information in future posts. In the meantime, consider speaking with an experienced legal professional if you have questions or concerns about child custody, or any other divorce-related matter.

Source: Texas Young Lawyers Association, "What to expect in Texas family law court," Accessed Oct. 30, 2014 

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